Radiculopathy & sciatica decisions — 2018

The Veteran's thoracolumbar spine condition and radiculopathy of the left lower extremity are granted with specific ratings, while the right lower extremity radiculopathy is denied. Appeals for higher ratings have been withdrawn.

The Board denied the Veteran's claim for service connection for radiculopathy, bilateral lower extremities as secondary to his service-connected thoracolumbar spine strain due to lack of a current diagnosis.

The Veteran's claims for service connection were denied as new and material evidence was not submitted. The Board also remanded the issue of an effective date earlier than June 5, 2009 for the grant of service connection for tinnitus.

The Veteran's claims for increased disability ratings for lumbar spine and right lower extremity radiculopathy are being remanded due to the need for new VA examinations.

The Veteran's claims for increased evaluations of bilateral pes planus and left lower extremity radiculopathy, as well as the grant of service connection for right lower extremity sciatic nerve radiculopathy, were denied due to lack of factual evidence showing an increase in disability within one year prior to January 13, 2016. The Veteran's claims for effective dates prior to these decisions are also being remanded.,The Veteran's claim for service connection for right and left knee conditions was granted with separate evaluations of 10 percent effective January 15, 2016. His intent to file a claim for these conditions on January 15, 2016 is considered the date entitlement arose.

The Veteran's back disability is currently rated at 40 percent, but no higher. The claim for a rating in excess of 40 percent for the back disability is denied.,An initial rating of 40 percent, but no higher, for right leg sciatica secondary to service-connected back disability prior to January 25, 2012, is granted. A rating of 20 percent, but no higher, from January 25, 2012, to May 22, 2016, is also granted.,A rating in excess of 20 percent for left lower extremity radiculopathy secondary to service-connected back disability is denied.

The Veteran's cervical spine degenerative disc disease has been granted service connection and a rating of 30 percent.,Prior to December 29, 2006, the Veteran's left shoulder arthritis was rated at 30 percent. After that date, his left shoulder replacement surgery is rated at 50 percent.

The Board has granted service connection for the Veteran's right lower radiculopathy, finding that it is related to his already service-connected lumbar spine disability.

The Veteran's claims for increased ratings for sacroiliac joint pain syndrome, right leg radiculopathy, sleep apnea, and PTSD have been remanded due to the need for additional medical examinations.,Folliculitis remains rated as noncompensable.

The Veteran's appeal for service connection and increased ratings on multiple conditions has been dismissed due to the Veteran's withdrawal of the appeal.

The Veteran has withdrawn his appeals regarding the increased rating for lumbar spine disability and bilateral lower extremity radiculopathy.

The Veteran's left lower extremity radiculopathy of the sciatic nerve is rated at 20 percent for the period prior to April 20, 2017. For the period since April 20, 2017, a rating in excess of 40 percent is denied.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's left lower extremity symptoms, including sciatica, radiculopathy, and foot numbness. A new VA examination is needed to determine if these conditions are related to service or to his service-connected low back pain and/or left leg shin splints.

The Veteran's appeals for increased ratings on various conditions have been dismissed. The Board has also remanded several issues including service connection claims.

The Veteran's claim for service connection for hypercholesterolemia has been denied as it does not constitute a disability for VA benefits purposes.,New and material evidence having been received, the claims for hypertension and alcoholism have both been reopened. Service connection is granted for an acquired psychiatric disorder other than PTSD (depression and/or mood disorder), migraine headaches, and sleep apnea on secondary basis to service-connected conditions.,The Veteran's joint pain, coronary artery disease, diabetes, eye disorder, glaucoma, bilateral hearing loss, tinnitus, respiratory disorder (asthma), liver disorder, kidney disorder, erectile dysfunction, residuals of TBI, restless leg syndrome, GERD, and other issues have been remanded for further review.

The Veteran's appeals for increased ratings were dismissed due to his withdrawal of the claims. The appeal regarding a schedular rating in excess of 40 percent for lumbar strain was also dismissed.

The Veteran's left leg sciatic pain, numbness and tingling are not related to service. The right lower extremity sciatica is rated at 40 percent.

The Veteran's claim for an earlier effective date prior to April 25, 2013 for the grant of Total Disability Rating Based on Individual Unemployability (TDIU) is denied as there was no factual basis that he was unable to secure or follow a substantially gainful occupation due to his service-connected disabilities prior to that date.

The Veteran is granted initial ratings of 20 percent for his low back condition and 10 percent each for left and right lower extremity lumbar radiculopathy. Further development is needed to determine if higher ratings are warranted.

The Board has remanded the claims of service connection for sleep apnea, erectile dysfunction, and increased ratings for right and left lower extremity radiculopathy as well as a TDIU claim due to pending development.